Plaintiff's Bill, 12 January 1801
Page one of a bill in suit in the case of Patrick Boyle and Michael McKewan v. George Lindenberger|Plaintiff's Bill, 12 January 1801]], signed by Wythe January 26, 1801. Special Collections Research Center, Swem Library, College of William & Mary.
Document Text, 12 January 1801
To the Honble the Judge of the High Court of Chancery of the State of Virginia Complaining Sheweth unto your honour your orators Patrick Boyl and Michael McKewan that a certain Charles Ingolesky & Charles W Ingolseby formerly Mr. chants & Co partners under the name and sign of Ingolseby & McKewan in the lawn of Martinsburg purchased of your Orator Patrick Boyl a considerable quantity of Goods Wares & Merchandizes to the am. of £1583.1 pounds for which they executed bonds & notes to your said Orator payable at different & distant time ^and now due which said bonds & notes are in your ^sd Orators possession ready to be produced at any time if required, that after the said Ingolseby & McKewan had for a short time carried on a losing & unprofitable trade in the said town & being likely to fail, they entered into an agreement with a certain Geo. Lindenberger, a Dep. hereinafter named and who was also a creditor of the said Ingolseby & McKewan agreed to deliver who all the Goods which they then had on hand and the debts due to them to the said Lindenburger in trust for himself your said orator and all other the Creditors of the said Ingolsby & McKewan to be applied to the equal benefit of all the said Creditors, as by a true Copy of the said Articles of Agreement.
hereto amend & which your Orators pray may be taken as part of this their Bill, will move fully and at large appear, that the said goods & debts were accordingly delivered up to the said Lindenberger for the purposes aforesaid, that your Orator Patrick Boyle immediately after entered into an agreement with the said Geo. Lindenberger for the purchase of the said goods amounting to the sum of £1400 pen. for which your said Orator Patrick Boyle and your Orator Michael McKewan as his security credited to the said Geo. Lindenberger four lands payable at different times being equal parts of the above mentioned sum but it was agreed at the same time between the said Geo. Lindenberger & your said Orator Boyle that he the said Boyle be allowed a credit on the said bonds for the amount of the dividend ^ [sup]of his debts[/sup] and for such debts of the said Ingolsby & McKewan as he the said Boyle should pay & discharge; that the said Lindenberger retained the debts due to the said Ingolsby & McKewan to a considerable amount which were put into the hands of an attorney immediately for collection, of which your Orators believe a greater part has been collected and your Orator Patrick Boyle further shews that the said Ingolsby & McKewan at the time of the contracts & agreements aforesaid and all are considerably indebted to him that your ^said Orator has besides said debts due from the said Ingolsby & McKewan to the am. of £110 of the whole of which will cover considerably the greatest part of the am. of said goods for which your said Orator Patrick Boyle gave his bonds as aforesaid as by an account hereto announced will fully appear; that your said Orator Patrick Boyle has frequently in a fraud by manner requested the said Geo. C Lindenberger to come to a fair settlement of accounts and to allow him credit on his said bonds for the am. of his acc! according to the agreement aforesaid Bill now sold is may it please your honour the said Geo. C Lindenberger hath refused so to do and has instituted saids upon these of the said bonds in the District Court of Winchester upon one of which he has obtained a Judgment which he ^[sup]is[/sup] was about to carry into affect by an execution and the other two he is about to prosecute to a Judgment all which actings and doings are contrary to equity & good consideration & tend to the manifest injury & oppressions of your Orators and for as much as your Orators are Common Land and only so herable in this honourable Court to the end therefore that the said Geo. C Lindenberger may upon his corporal oath full time and perfect answer make to all and singular the premises as fully as if the same was herein again asked & interogated that he may be compelled to come to a fair settle
ment of accounts with your Orator and to allow him all just credits and that he his agents and all other persons acting by his authority may ^ be enjoined from further proceeding in the premises untill the matter hereof can be heard in equity and that your honour will grant such other and further relief in the premises as to your honour may seem just & right. May it please your honour to grant the Concoths writs of Sp. & Ingol. commanding here. Berkely County Patrick Boyle made oath before me a Justice of the Peace for said County that the allegations in the above Bill stated so far ^as they state to his own knowledge are true and so far as they state to the knowledge of others he believes to be true given under my hand this 12th day of January 1801. Chad Omick The injunction is awarded on the usual terms, the plaintiffs confessing judgements inthe actions now depending with a release of errors, 26 january 1801. G. Wythe.
January 26, 1801
Boyle & McKewan v. Lindenberger}